Schiffer v. Lauterbach
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Herman Scliiffer and another, from a. judgment of the Supreme Court, in favor of the defendants,, entered in the office of the clerk of the county of Hew York on 19th day of May, 1896, upon the decision of the court, rendered after a trial at the Hew York Special Term, dismissing the complaint: upon the merits. The action was brought to compel the specific performance of. contracts....
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Appeal by the plaintiffs, Herman Scliiffer and another, from a. judgment of the Supreme Court, in favor of the defendants,, entered in the office of the clerk of the county of Hew York on 19th day of May, 1896, upon the decision of the court, rendered after a trial at the Hew York Special Term, dismissing the complaint: upon the merits. The action was brought to compel the specific performance of. contracts.... May 18, 1888, the plaintiffs and the defendants’ testator entered into a co-partnership under a written agreement,. a copy of which is annexed to the complaint, and known as Schedule “…
1Opinion of the Court
Williams, J.:
We see no reason to disagree with the. learned trial judge as to the conclusion arrived at by him that the Agreement “ C ” was never made, executed or delivered, and that no agreement to the effect therein contained was actually made and perfected betwe'en the plaintiffs and any of the defendants. It is true that Agreement “ 0 ” was negotiated by two of the defendants, and as formulated was satisfactory to them, but it seems quite clear that these two defendants never intended to make “ C ” a binding agreement by themselves, and without the concurrence of the other defendants^ or…
2Cases cited2 opinions
- Colton v. RossNew York Court of Chancery · 1831
- Hall v. HallNew York Supreme Court · 1869
3Cited by3 opinions
- Cohn-Baer-Myers & Aronson Co. v. Realty Transfer Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Lowenstein v. SchifferNew York Supreme Court · 1899
- Schiffer v. LauterbachAppellate Division of the Supreme Court of the State of New York · 1899